YEMEN CLOSES ITS AIRSPACE FOR TWO DAYS OVER

UNCLAS SECTION 01 OF 02 SANAA 000131 SIPDIS SENSITIVE SIPDIS STATE FOR NEA/ARPI AND PM/ISO HQ USAF/XONP PASS TO DALE CHENEY E.O. 12958: N/A TAGS: EAIR KREC KSEP MARR MOPS PREL YM EAIR PBTS SUBJECT: YEMEN CLOSES ITS AIRSPACE FOR TWO DAYS OVER DISPUTE CONCERNING OVERFLIGHT/LANDING FEES REF: A. USDAO SANAA DTG 101453Z OCT 04 ¶B. USDAO SANAA DTG 021226Z FEB 05 ¶C. USDAO SANAA DTG 041302Z MAR 05 ¶D. 05 SECSTATE 27119 ¶E. EMAIL RANK/CHENEY 201802 JAN 06 ¶1. THIS IS AN ACTION MESSAGE, PLEASE SEE PARAGRAPH 8. ¶2. Summary: The Yemeni Civil Aviation and Meteorology Authority (CAMA) denied U.S. military aircraft clearances on January 21 and 22, due to a dispute simmering for at least eight years regarding overflight and landing fees. After a meeting with DCM, the CAMA Chairman verbally agreed not to deny aircraft clearances during ongoing discussion over the fees. Post recommends quick disbursement of fees, to which the Inter-Agency Working Group (IAWG) has already agreed, as well as guidance regarding the USG position on Yemen,s insistence on payment for overflights. End Summary. -------------- Over-Flight Clearances Denied for Two Days -------------- ¶3. CAMA denied U.S. military aircraft clearances on January 21 and 22 over a dispute with the USG concerning the payment of overflight and landing fees. On January 22, DCM and DATT met with the chairman of CAMA as well as MFA officials to discuss the situation. Emboffs expressed their concern that by denying U.S. military aircraft clearances, CAMA was negatively affecting U.S.-Yemeni bilateral relations as well as hampering U.S. efforts in the global war on terrorism. CAMA denied this accusation, indicating that this is strictly a "business matter." The MFA official stated he agreed with CAMA on this point. Emboffs noted that the USG is seeking to resolve this dispute amicably and that denying aircraft clearances is an inappropriate action between friendly countries, and requested that CAMA de-link discussions over the fees and the issuance of clearances. The chairman of CAMA agreed to this request. -------------- Landing Fees and the Establishment of CAMA -------------- ¶4. Emboffs reiterated that the USG will only pay landing fees dating from 2000, the date from which the IAWG considers Sanaa and Aden International Airports to be civilian/commercial facilities (refs D and E). While welcoming the prospect of this payment, CAMA reiterated its position that it is entitled to landing fees from 1990, noting that Aden and Sanaa International Airports have always been civil and non-governmental vice military or government entities. Emboffs requested documentation to substantiate this claim. ¶5. Subsequently, CAMA provided Republican Amendment number 26, dated 1979, that amends Law number 43 of 1976 entitled, &The Establishment of Civil Aviation and Meteorology Authority." The law lays out the legal duties and responsibilities of CAMA, which, among other things, requires it to operate and administer Yemen,s civilian airports, including Sanaa International. The law also notes that CAMA superceded the former Civil Aviation Department. CAMA officials noted that this former entity was governmental and fell under the Ministry of Transportation (MOT). However, per the above cited amendment, CAMA is a separate entity from the MOT with an independent budget. The law does not specifically state that it is a commercial and or non-governmental entity. CAMA officials forcefully stated that it is and has been non-governmental from its establishment 1976. (NOTE: Based on the information provided, post assesses that CAMA,s claim is likely credible. END NOTE) CAMA also provided decree number 444 of 2000 regarding the establishment of CAMA that largely reiterates CAMA,s legal duties and responsibilities, but also states that CAMA,s budget is largely derived from the various fees and service it provides. (Post will forward translations of the 1979 and 2000 laws.) -------------- Friends Shouldn,t Make Friends Pay for Air -------------- ¶6. Emboffs reiterated the position that the USG does not pay overflight fees to coalition countries. CAMA officials stated that, based on the 1944 Chicago Convention, Yemen is entitled to overflight fees. CAMA highlighted the services it provides to transiting aircraft, including air navigation assistance, meteorological reports, as well as search-and-rescue services. CAMA noted that all other countries transiting Yemeni airspace, including France, pay. (NOTE: Post confirmed with the French Embassy that they do pay overflight fees. END NOTE) In previous meetings, CAMA officials also claimed that the USG pays overflight fees to Djibouti. Embassy officials stated they would re-state Yemen,s position to the IAWG, and advised that if Yemen insists on this position, the matter would have to be taken up with President Saleh. The current overflight fees requested by Yemen total USD 2,319,344. -------------- Comment -------------- ¶7. Payment of landing and overflight fees has been a lingering point of contention between Embassy and CAMA for a number of years. Currently, there are in excess of 100 U.S. military overflights of Yemen each month. These flights are in direct support of CENTCOM and the War on Terror. If CAMA were to require U.S. military aircraft to fly around Yemen, as it did for six flights this past week, the cost of additional fuel and maintenance alone for a one-month period would likely exceed the total amount requested by the ROYG. An extended denial of aircraft clearance could pose a serious hindrance to CENTCOM,s ability to conduct operations in its area of responsibility. -------------- Action requested -------------- ¶8. Post recommends that the IAWG authorize immediate payment of USD 201,789 to CAMA for landing fees based on the IAWG,s assessment (refs D and E) that Aden and Sanaa International airports have been commercial entities at least since 2000. We also request that IAWG quickly assess the viability of CAMA,s claim that it operated Sanaa International Airport as a non-governmental entity from at least 1979. Post is inclined to agree with CAMA,s claim. If IAWG concurs, post requests disbursement of an additional USD 178,507 for landing fee services from 1990-1999. Finally, as it seems likely CAMA and the ROYG will continue to insist that they have the right to charge for the use of Yemeni airspace, post requests the IAWG's formal guidance on the issue, which post will deliver to President Saleh. Krajeski